Lewis et al. v. City of Memphis et al. (2017) [Black Lives Matter]

Case 2:17-cv-02036-JTF-dkv (W.D. Tenn., Jan. 18, 2017)

Five people have filed a lawsuit accusing the city of Memphis and Elvis Presley’s Graceland of racially discriminating against them at a Black Lives Matter protest during a vigil commemorating the singer’s death last August.

The Wednesday filing names the city and Graceland owner Elvis Presley Enterprises. The suit claims several people were denied entry to the vigil because they are black, including some who chanted “black lives matter.”

“The decision as to which citizens were allowed to attend the public vigil and which citizens were denied access to the public vigil, was based on the race of the citizens,” the lawsuit stated.

The protest organized by The Coalition of Concerned Citizens coincided with a candlelight vigil held every Aug. 16 to honor Presley on the anniversary of his death. Most of the protesters were black and yelled “black lives matter” as they made their way to Graceland — Presley’s one time home turned museum. Memphis police arrested three people.


COMPLAINT


United States District Court
for the Western District of Tennessee
Western Division


Aaron L. Lewis, Keedran Franklin,
Earle Fisher, Catherine Lewis,
and Charline Tramel,
Plaintiffs,
v.
The City of Memphis and
Elvis Presley Enterprises,
Incorporated,
Defendants.

Case 2:17-cv-02036-JTF-dkv

Filed: January 18, 2017.


COMPLAINT


Plaintiffs bring this Complaint against the Defendants for equitable relief and damages resulting from racial profiling and intentional race discrimination. For their Complaint, the Plaintiffs allege as follows:

PRELIMINARY STATEMENT

This is a Civil Rights complaint for relief brought by Plaintiffs, United States citizens. The Plaintiffs in this lawsuit are African-American citizens of the United Stated and are entitled to the privileges and protections of the Constitution of the United States, the laws of this country and of the State of Tennessee.

The Plaintiffs were subjected to discriminatory treatment on the basis of their race in a place of public accommodation, when they were denied equal access to the public candlelight vigil at Graceland, and the surrounding sidewalks, streets and businesses on August 15, 2016. The Plaintiffs were denied equal access to the grounds of Graceland and the public sidewalks and streets surrounding Graceland, which are open to the public, through a conspiracy between Elvis Presley Enterprises (the entity that operates Graceland) and the Memphis Police Department, in violation of their federal and state Constitutional rights and the laws of the United States and of the State of Tennessee. Plaintiffs seek redress for Defendants’ wrongful actions pursuant to 42 U.S.C. §§ 1981, 1983, 1985 and 1986; the Tennessee Human Rights Act, Tenn. Code Ann.§4-21-101 et seq. (“THRA”), and federal and state tort law.

JURISDICTION AND VENUE

  1. This is an action concerning a federal question for damages and equitable relief, based on discrimination in a place of public accommodation undertaken by the Defendants against the Plaintiffs based on their race. The Plaintiffs all reside in Memphis, Shelby County, Tennessee. Elvis Presley Enterprises, Incorporated does business within Tennessee and the acts complained of occurred exclusively within Tennessee. Defendant, City of Memphis, (hereinafter referred to as “Defendant” or “City of Memphis”) is a municipal entity, located in Shelby County, Tennessee, recognized by the State of Tennessee as a properly organized and legal municipal entity, which operates the Memphis Police Department.
  2. Federal jurisdiction and venue are proper under 28 U.S.C. §§ 1331 and 1343, and 28 U.S.C. § 1391.

PARTIES

  1. Plaintiff, Aaron L. Lewis, is an African-American citizen of the United States and a resident of Memphis, Tennessee.
  2. Plaintiff, Keedran Franklin, is an African-American citizen of the United States and a resident of Memphis, Tennessee.
  3. Plaintiff, Earle Fisher, is an African-American citizen of the United States and a resident of Memphis, Tennessee.
  4. Plaintiff, Catherine J. Lewis is an African-American citizen of the United States and a resident of Memphis, Tennessee.
  5. Plaintiff, Charline Tramel is an African-American citizen of the United States and a resident of Memphis, Tennessee.
  6. Defendant, Elvis Presley Enterprises, Incorporated, is a Tennessee corporation formed in 1981 under the terms of a testamentary trust created by Elvis Presley and can be served with process through their registered agent National Corporate Research, LTD., Inc., STE B, 992 Davidson Drive, Nashville, TN, 37205-1051.
  7. Defendant, City of Memphis, is a municipal entity, located in Shelby County, Tennessee, recognized by the State of Tennessee as a properly organized and legal municipal entity, which operates the Memphis Police Department and can be served with process through the City Attorney, Bruce McMullen, at his office located at 125 North Main Street, Suite 336, Memphis, TN 38103.

FACTUAL STATEMENT

  1. On August 15, 2015, Rev. Earle J. Fisher went to Graceland to attend the public candlelight vigil. Rev. Fisher brought a candle to attend the public candlelight vigil and got in line behind a group of white citizens who were in line to attend the public vigil. Rev. Fisher was denied entry on Elvis Presley Boulevard as he attempted to pass through an entry way near Graceland. The white citizens in line with him were all allowed to enter, however, Rev. Fisher was stopped by a member of the Memphis Police Department as he tried to enter. Rev. Fisher explained that he was present to attend the public vigil. That officer along with another Memphis Police Department officer told Rev. Fisher that he was not allowed to attend the public vigil and told Rev. Fisher to leave the premises, at which time Rev. Fisher left under protest.
  2. On August 15, 2015, Habiba-Charline Tramel was on Elvis Presley Boulevard to attend the public candlelight vigil. When Ms. Tramel was leaving the event, she was walking out as directed by MPD. As she was walking out, she stopped on the public sidewalk and was saying “black lives matter,” in a non-threatening manner. Ms. Tramel was not part of any group or organized protest and was not causing a disturbance. An officer with the Memphis Police Department approached her and told her that she couldn’t stand on the public sidewalk. Ms. Tramel was escorted down the street and to the other side of the street.
  3. On August 15, 2016, Catherine J. Lewis went to Graceland to attend the public candlelight vigil. She walked from Piccadilly’s cafeteria, located on Elvis Presley Boulevard, north and on the west side of the street, to Graceland. Police officers with the Memphis Police Department were stationed on Elvis Presley Boulevard. The police officers were setting up barricades, but the barricades were not yet fully in place. Ms. Lewis walked down the sidewalk to the Graceland gift shop to look around. Ms. Lewis bought a gift for her daughter at the gift shop. Ms. Lewis then left the gift shop and sat on a bench near the gift shop. When the program began, Ms. Lewis walked around with some of her friends. As they walked around the public vigil they were being closely watched by police officers with the Memphis Police Department. After a while, Ms. Lewis and her companions decided to leave. As Ms. Lewis was leaving, she began saying “black lives matter,” in a non-threatening manner without intending to cause or causing a disturbance, in fact. As soon as Ms. Lewis said “black lives matter,” two police officers walked over and told her to leave. When Ms. Lewis did not immediately move, the officers took her by her arms, one on each side, and removed her from the parking lot where she was standing.
  4. On August 15, 2016, Ian Jeffries went to Graceland to attend the public candlelight vigil. On his way to the public candlelight vigil, Mr. Jeffries was stopped by police officers with the Memphis Police Department at a barricade. An officer with the Memphis Police Department physically put his hands on Mr. Jeffries and told him that he was going to jail if he attempted to attend the public vigil.
  5. On August 15, 2015, Aaron L. Lewis was on Elvis Presley Boulevard to attend the public candlelight vigil. He attempted to gain entry to the event numerous times and was denied each time by police officers with the Memphis Police Department. Mr. Lewis asked several officers why they were denying him access to the public vigil, but was not given a response. Mr. Lewis saw many white citizens who were allowed entry to the public vigil, but Mr. Lewis was not allowed to attend the public vigil because of his race.
  6. On August 15, 2015, Keedran Franklin was on Elvis Presley Boulevard to attend the candlelight vigil. He attempted to gain entry to the event numerous times and was denied each time by police officers with the Memphis Police Department. Mr. Franklin saw many white citizens who were allowed entry to the public vigil, but Mr. Franklin was not allowed to attend the public vigil because of his race.
  7. Upon information and belief, the Memphis Department coordinated with Elvis Presley Enterprises to use the Memphis Police Department to provide security for the public candlelight vigil on August 15, 2016.
  8. Upon information and belief, Elvis Presley Enterprises conspired, agreed, planned, coordinated, and directed the Memphis Police Department, for the purpose of depriving Plaintiffs of their civil rights, to allow white citizens to attend the public vigil, but to deny access to African-Americans who wanted to attend the public vigil. The decision as to which citizens were allowed to attend the public vigil and which citizens were denied access to the public vigil, was based on the race of the citizens, wherein white citizens were allowed to attend the public vigil and African-American or Black citizens were denied access to the public vigil and surrounding areas, which are open to the public.

COUNT I
RACIAL DISCRIMINATION
IN A PLACE OF PUBLIC ACCOMMODATION
IN VIOLATION OF 42 U.S.C. § 2000a

  1. Plaintiffs incorporate the preceding and foregoing paragraphs as if fully stated herein for this claim of relief.
  2. Plaintiffs had and have a right to full and equal enjoyment of Defendant’s business, Graceland, a place of public accommodation generally open to the public.
  3. Plaintiffs were denied that right based on their race. Plaintiffs attempted to attend the public candlelight vigil and enjoy the full benefits and enjoyment of a public accommodation, but were denied the full benefits or enjoyment of a public accommodation, and such opportunities were available to similarly situated persons outside their protected class who received full benefits and/or were treated better. Defendants, the City of Memphis Police Department, under the direction of Elvis Presley Enterprises, required black citizens attempting to attend the public vigil to remain in certain fenced off areas, and black citizens were not allowed access to Graceland or the sidewalk surrounding Graceland, which is open to the public. Other similarly situated white citizens were allowed access to Graceland and to the public sidewalks surrounding Graceland.
  4. Defendants’ actions were discriminatory, arbitrary and capricious, and constituted a disparity in treatment between Plaintiffs and other white citizens who were allowed to attend the public candlelight vigil and the surrounding areas, which are open to the public.
  5. Defendants’ denial of Plaintiffs’ rights constitutes racial discrimination in violation of 42 U.S.C. § 2000a.

COUNT II
DISCRIMINATION IN CONTRACTUAL RELATIONS
IN VIOLATION OF 42 U.S.C. § 1981

  1. Plaintiffs incorporate the preceding and foregoing paragraphs as if stated herein for this claim of relief.
  2. Plaintiffs are members of a protected class based on race.
  3. Defendants intended to, and did, discriminate based on the race of the Plaintiffs.
  4. Defendants discriminated against Plaintiffs based on their race and interfered with the Plaintiffs ability to make, perform, modify, or terminate contracts, or enjoy all the benefits, privileges, terms and conditions of the contractual relationship with Defendants, and specifically were treated dissimilarly based on race and ultimately refused service and not permitted to enter upon the grounds of Graceland, or the public sidewalks and public areas surrounding Graceland.
  5. By the Defendants’ actions described herein, Plaintiffs were deprived of the equal enjoyment of the benefits, privileges, terms, and conditions of a contractual relationship on the same basis as white persons, on the basis of race.
  6. Further, because Defendants’ illegal discrimination was intentional, the Plaintiffs have a cause of action under the equal benefits clause of Section 1981.
  7. Defendants excluded the Plaintiffs from enjoying an environment at a place of public accommodation that should be free from a hostile and intimidating environment, based on race, in violation of Section 1981.
  8. As a direct and proximate result of the actions of Defendant as described herein, Plaintiffs have suffered, continue to suffer, and will, in the future, suffer great and irreparable loss and injury including, but not limited to, humiliation, embarrassment, emotional distress, and mental anguish.
  9. Defendant’s actions were willful, wanton, intentional and in knowing violation of their obligations and duties under 42 U.S.C. § 1981 and were taken with the callous disregard of the probable detrimental, emotional and economic consequences to the Plaintiff. Therefore Plaintiffs are entitled to recover punitive damages to punish Defendant and to deter them and others from such conduct in the future.
  10. Defendants denial of Plaintiffs’ legal rights constitutes discrimination in violation of 42 U.S.C. § 1981.

COUNT III
CONSPIRACY TO DEPRIVE PLAINTIFFS OF THEIR CIVIL RIGHTS
IN VIOLATION OF 42 U.S.C. § 1985

  1. Plaintiffs incorporate the preceding and foregoing paragraphs as if stated herein for this claim of relief.
  2. Upon information and belief, Elvis Presley Enterprises met with officials from the City of Memphis and the Memphis Police Department to develop a plan to use Memphis Police Department officers to provide security for the public candlelight vigil at Graceland on August 15, 2016.
  3. On August 15, 2016, the City of Memphis Police Department deployed dozens of uniformed police officers on and around Graceland with a plan to deprive the Plaintiffs of their civil rights, and in fact, did deprive the Plaintiffs of their civil rights by denying the Plaintiffs access to the public candlelight vigil, based solely on their race.
  4. Upon information and belief, Elvis Presley Enterprises did not employ a private security company to provide security at the public candlelight vigil. Rather, Elvis Presley Enterprises had one employee who was directing and/or coordinating with the Memphis Police Department and using the Memphis Police Department as Graceland’s security force for the public candlelight vigil.
  5. Upon information and belief, Elvis Presley Enterprises and the Memphis Police Department coordinated before the public candlelight vigil and at the public candlelight vigil, to provide security for Graceland and the surrounding public areas, and to execute a plan to allow white citizens to attend the public candlelight vigil and to deny African-American citizens access to the public candlelight vigil, the grounds of Graceland and to the areas surrounding Graceland, including public sidewalks, public streets and businesses open to the public.
  6. The Defendants present at the aforementioned incident participated in a common design through a concert of action to allow white citizens to attend the public candlelight vigil and to deny African-American citizens access to the public candlelight vigil, the grounds of Graceland and to the areas surrounding Graceland, including public sidewalks, public streets and businesses open to the public.
  7. In committing the aforementioned acts, each Defendant directly and proximately injured, damaged, and caused emotional distress to the Plaintiffs as described herein.

COUNT IV
VIOLATION OF 42 U.S.C. § 1986

  1. Plaintiffs incorporate the preceding and foregoing paragraphs as if stated herein for this claim of relief.
  2. Commencing with the planning and coordinating between Elvis Presley Enterprises and the City of Memphis, and continuing on August 15, 2016, Defendants, and each of them knew and understood that the Plaintiffs were being subjected to a deprivation of their constitutional rights and were in the position and had the duty and the authority to intervene to prevent the wrongdoing committed by the Defendants against the Plaintiffs, but failed to do so.
  3. By virtue of the foregoing, Defendants, and each of them, violated 42 U.S.C. § 1986.
  4. As a direct and proximate result of the foregoing, the Plaintiffs have been damaged as recited above and demands and are entitled to damages as recited herein, including, but not limited to, general and punitive damages (except as to the City of Memphis) and attorneys’ fees.

COUNT V
VIOLATION OF THE TENNESSEE HUMAN RIGHTS ACT

  1. Plaintiffs incorporate the preceding and foregoing paragraphs as if stated herein for this claim of relief.
  2. Defendants, acting through their various officers, administrators, and agents, engaged in unlawful practices, acts, and policies in violation of the Tennessee Human Rights Act, T.C.A. § 4-21-101 et seq. by intentionally and willfully discriminating against the Plaintiffs in their employment on account of Plaintiffs’ race.
  3. As a direct result of Defendants’ conduct, Plaintiffs have been detained, denied of their liberty and property, and have suffered substantial damages, including humiliation, embarrassment, emotional distress and mental anguish.

COUNT VI
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

  1. Plaintiffs incorporate the preceding and foregoing paragraphs as if stated herein for this claim of relief.
  2. The conduct of the Defendants described above resulted in the intentional infliction of emotional distress against Plaintiffs.
  3. The Defendants’ unlawful discriminatory conduct against Plaintiffs resulted in Plaintiffs’ detention and violation of their constitutionally protected rights. The Defendants’ actions were intentional.
  4. The Defendants’ conduct was so outrageous so as not to be tolerated in a civilized society.
  5. The Defendants’ conduct has resulted in serious mental injury and suffering to Plaintiffs, as described herein.

DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury.

PRAYER FOR RELIEF

WHERFORE, Plaintiffs pray that there be judgment rendered herein in favor of Plaintiffs and against Defendants as follows.

  1. Reasonable damages to compensate Plaintiffs for the humiliation, embarrassment, emotional distress and mental anguish, as described herein, suffered as a result of Defendants’ activities;
  2. Appropriate injunctive and declaratory relief;
  3. Punitive damages in an amount to be determined at trial;
  4. Court costs, including discretionary costs;
  5. An award of reasonable attorneys’ fees; and
  6. Such other relief as the Court may deem appropriate.

Respectfully submitted,

APPERSON CRUMP, PLC

s/Bruce S. Kramer

Bruce S. Kramer (#7472)
Scott A. Kramer (# 19462)
6070 Poplar Avenue, 6th Floor
Memphis, Tennessee 38119
(901) 756-6300
Attorneys for Plaintiffs


suit against city and elvis presley enterprises re protest_1484840609792_16553853_ver1.0

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